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DUBOSE CONSTR. CO., LLC v. SIMMONS

2120440.

144 So.3d 350 (2013)

DUBOSE CONSTRUCTION COMPANY, LLC v. James SIMMONS.

Court of Civil Appeals of Alabama.

Certiorari Denied December 6, 2013 Alabama Supreme Court 1130155.

Attorney(s) appearing for the Case

John R. Bradwell of Webster, Henry, Lyons, White, Bradwell & Black, P.C., Montgomery, for appellant.

Glenn D. Zimmerman , Montgomery, for appellee.

On Application for Rehearing

THOMPSON, Presiding Judge.

The opinion of August 16, 2013, is withdrawn, and the following is substituted therefor.

DuBose Construction Company, LLC ("DuBose"), appeals from a judgment in favor of James Simmons in this workers' compensation action. This is the third time these parties have been before this court in this matter.

The record indicates the following relevant information. In 2005, Simmons was...

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